Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court Mother Killing Minor Children Over Husband's Refusal To Take Her To Workplace Is Murder, Not Culpable Homicide: Andhra Pradesh High Court Specific Performance Of Registered Agreement To Sell Is No Longer Discretionary Post-2018 Amendment: Allahabad High Court Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case Accused Must Raise Probable Defence To Rebut Statutory Presumption Under Section 139 NI Act If Signatures Are Undisputed: Himachal Pradesh High Court Passing Departmental Exam Not A Pre-requisite For Grant Of ACP/MACP Benefits: Jharkhand High Court Convenience Of Family And Accused Paramount For Jail Shifting; Trial Court Can't Reject Application Merely For Non-Residency: J&K High Court Litigants Who Attempt To Pollute The Stream Of Justice With Tainted Hands Are Not Entitled To Any Relief: Karnataka High Court Trial Court Must Implement Modified Preliminary Decree In Full: Telangana High Court Directs Partition Of Property Omitted In Final Decree Proceedings If Grievance Is Real But Lies Before Different Forum, Plaint Should Be Returned Under Order VII Rule 10 CPC, Not Rejected: Rajasthan High Court Bail Cannot Be Denied Merely Due To Severity Of Economic Offence If Evidence Is Documentary: Punjab & Haryana High Court Non-Compliance With Mandatory Duty To Inform Grounds Of Arrest Under Section 47 BNSS Is Impermissible: Orissa High Court Grants Bail Land Acquisition Award Finality Under Section 12 Is A Bar To Writ Petitions Challenging 'Public Necessity': Madhya Pradesh High Court State As Eminent Domain Is Obligated To Pay Adequate Compensation, Not Minimum To Suit Its Convenience: Madras High Court Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction High Court Cannot Act As Court Of First Instance In Service Matters Amenable To CAT Jurisdiction: Delhi High Court Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court Order IX Rule 7 CPC Requires 'Good Cause' Not 'Sufficient Cause'; Trial Court Can't Apply Higher Threshold To Pre-Decree Proceedings: Telangana High Court Victim Cannot Maintain Appeal Seeking Enhancement Of Sentence Under Section 372 CrPC; Such Power Exclusively With State: Rajasthan High Court Disability Pension: Presumption In Favour Of Personnel If Found Fit At Enrollment; Percentage Must Be Rounded Off: Punjab & Haryana HC Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court

(1) SACHIN KUMAR AND OTHERS .....Appellants Vs. DELHI SUBORDINATE SERVICE SELECTION BOARD (DSSSB) AND OTHERS .....Respondents D.D 03/03/2021

Recruitment Process – Public Employment – Systemic Fraud – Entire recruitment process for the post of Head Clerk (Grade II (DASS)) annulled due to systemic fraud and irregularities including mass cheating and impersonation – Decision to cancel the entire process upheld to preserve public confidence in recruitment processes – Cancellation causing hardship to a few not ...

REPORTABLE # CIVIL APPEAL NOS 639-640 OF 2021 @SLP (C) NOS. 5785-5786 OF 2020 With CIVIL APPEAL NOS 643-644 OF 2021 @SLP (C) NOS. 5783-5784 OF 2020 CIVIL APPEAL NOS 641-642 OF 2021 @SLP (C) NOS. 5370-5371 OF 2020 CIVIL APPEAL NOS 645-646 OF 2021 @SLP (C) NOS. 8811-8812 OF 2020 CIVIL APPEAL NOS 649-650 OF 2021 @SLP (C) NOS. 11443-11444 OF 2020 CIVIL APPEAL NOS 647-648 OF 2021 @SLP (C) NOS. 11441-11442 OF 2020 CIVIL APPEAL NO 651 OF 2021 @SLP (C) NO. 11940 OF 2020 CIVIL APPEAL NOS 653-654 OF 2021 @SLP (C) NOS. 12410-12411 OF 2020 CIVIL APPEAL NOS 652 OF 2021 @SLP (C) NO. 12066 OF 2020 CIVIL APPEAL NOS 655-656 OF 2021 @SLP (C) NOS. 15297-15298 OF 2020 CIVIL APPEAL NOS 657-658 OF 2021 @SLP (C) NOS. 15299-15300 OF 2020 CIVIL APPEAL NOS 659-660 OF 2021 @SLP (C) NOS. 110-111 OF 2021 Docid 2021 LEJ Civil SC 74

(2) DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED .....Appellant Vs. M/S NAVIGANT TECHNOLOGIES PRIVATE LIMITED .....Respondent D.D 02/03/2021

Arbitration – Limitation Period – Section 34(3) Arbitration and Conciliation Act 1996 – Period of limitation for filing objections commences from the date when the signed copy of the award is made available to the parties – Draft award not considered as starting point for limitation period – Appeal allowed and objections deemed filed within the limitation period [Para...

REPORTABLE # CIVIL APPEAL NO. 791 OF 2021 (Arising out of SLP (C) No. 10372 of 2020) Docid 2021 LEJ Civil SC 51

(3) THE STATE (GNCT OF DELHI) NARCOTICS CONTROL BUREAU .....Appellant Vs. LOKESH CHADHA .....Respondent D.D 02/03/2021

Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...

REPORTABLE # CRIMINAL APPEAL NO. 257 OF 2021 (Arising Out of SLP (Crl) No 670 of 2021) Docid 2021 LEJ CRIM SC 22

(4) SHIVAJI CHINTAPPA PATIL .....Appellant Vs. STATE OF MAHARASHTRA .....Respondent D.D 02/03/2021

Penal Code – Murder – Circumstantial Evidence – Absence of Motive – Lack of evidence suggesting violence or struggle – Medical expert did not rule out suicidal death – Post-Mortem report indicated death due to asphyxia by hanging – Absence of motive weighs in favor of the accused – Benefit of doubt given – Appellant acquitted [Paras 1-34]. C...

REPORTABLE # CRIMINAL APPEAL NO. 1348 OF 2013 Docid 2021 LEJ CRIM SC 70

(5) MURALI ALIAS DHANANJAYAN .....Appellant Vs. MURALI ALIAS DHANANJAYAN .....Appellant D.D 02/03/2021

Land Acquisition – Compensation – Section 28(A) Land Acquisition Act – Entitlement to enhanced compensation – Appellant entitled to compensation re-determined in accordance with enhanced compensation awarded to his father and brother by the same notification – Reference Court’s denial of relief on grounds of delay held erroneous – Appeal allowed, compensat...

REPORTABLE # CIVIL APPEAL NO. 138 OF 2012 Docid 2021 LEJ Civil SC 73

(6) THE COMMISSIONER COMMERCIAL TAX U.P. LUCKNOW .....Appellant Vs. S/S RUJHAN STUDIO .....Respondent D.D 02/03/2021

Taxation – UP VAT Act – Classification of Goods – Embroidered ladies suits considered as "textile made ups" – Respondent's process includes cutting, embroidery, and partial stitching – Product does not remain 'textile' under Entry 21 of Schedule I, nor does it qualify as 'other textile made ups' under Entry 16 of Schedule II – Produ...

REPORTABLE # CIVIL APPEAL NO. 793 OF 2021 (Arising out of SLP(C) No. 3885 of 2021 @ SLP(C) D No. 12951 of 2020) With CIVIL APPEAL NO. 794 OF 2021 (Arising out of SLP(C) No. 3886 of 2021) CIVIL APPEAL NO. 795 OF 2021 (Arising out of SLP(C) No. 3887 of 2021) Docid 2021 LEJ Civil SC 52

(7) SRIDEVI DATLA .....Appellant Vs. UNION OF INDIA AND OTHERS .....Respondents D.D 02/03/2021

National Green Tribunal Act – Condonation of Delay – Environmental Clearance – NGT's rejection of application for condonation of delay was erroneous – Communication of order includes dissemination to affected parties, not just publication on the website – Delay explained due to voluminous documents and need for expert legal advice – Appeal allowed, delay con...

REPORTABLE # CIVIL APPEAL NO. 3136 OF 2020 Docid 2021 LEJ Civil SC 53

(8) M/S. CHITRALEKHA BUILDERS AND ANOTHER THROUGH ANIL G. SHAH POWER OF ATTORNEY AND HUSBAND OF THE PARTNER .....Appellant Vs. G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LIMITED AND ANOTHER .....Respondent D.D 01/03/2021

Civil Procedure – Consent Decree – Non-Party Rights – Appellants were not parties to consent orders passed in Suit No. 1335/1988 – Consent orders not binding on non-parties – Appellants' rights to be adjudicated independently in pending Suit No. 3162/2005 – Appeal dismissed with observations to protect appellants' rights [Paras 1-21]. Judicial Review ...

REPORTABLE # CIVIL APPEAL NO. 946 OF 2016 Docid 2021 LEJ Civil SC 76

(9) SONU @ SUBHASH KUMAR .....Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER .....Respondent D.D 01/03/2021

Criminal Law – Rape – Consent and Misconception of Fact- The relationship between the appellant and the second respondent was consensual and lasted for one and a half years. The appellant's subsequent refusal to marry the respondent does not amount to a false promise at inception, which is necessary to establish a "misconception of fact" under Section 375 IPC. The Supreme...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 233 OF 2021 (Arising out of SLP (Crl) No. 11218 of 2019) Docid 2021 LEJ CRIM SC 83